Chief Justice of India DY Chandrachud served his last judgement at the Supreme Court, before officially stepping down from the post, making way for his successor-Justice Sanjiv Khanna. The judgment, delivered on November 6 by a bench headed by CJI DY Chandrachud and comprising Justices JB Pardiwala and Manoj Misra, directly challenged the state’s use of demolitions as a means of reprisal, a practice that often sidelines established legal procedures.
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NEW DELHI: On Sunday, Chief Justice of India DY Chandrachud issued his last judgment at the Supreme Court, marking the conclusion of his tenure as he prepares to pass the mantle to his successor, Justice Sanjiv Khanna.
In this significant judgment, the Supreme Court, under Chandrachud’s leadership, conveyed a strong stance against the concept of “bulldozer justice,” a controversial practice in which state governments use demolition as a punitive measure against individuals allegedly associated with criminal activities.
The judgment, delivered on November 6 by a bench headed by CJI DY Chandrachud and comprising Justices JB Pardiwala and Manoj Misra, directly challenged the state’s use of demolitions as a means of reprisal, a practice that often sidelines established legal procedures.
The case that drew this landmark judgment centered on a 2019 incident involving journalist Manoj Tibrewal Aakash, whose ancestral home was demolished. The court noted that the demolition occurred after a mere public announcement made through drum beats—known as “Munadi“—without any written notice or disclosure regarding the grounds for action. This absence of formal notice underscored the lack of due process.
Recognizing the injustice, the Supreme Court ordered the state to provide an interim compensation of Rs 25 lakh to the petitioner and called for a disciplinary inquiry into the officials responsible for the illegal demolition.
Key Quotes from CJI Chandrachud’s Final Order
In his final order, CJI Chandrachud strongly condemned the notion of bulldozer justice, emphasizing that it has no place in a society governed by law and order. He stated:
“Bulldozer justice is simply unacceptable under the rule of law. If it were to be permitted, the constitutional recognition of the right to property under Article 300A would be reduced to a dead letter.”
This powerful statement underscores the constitutional importance of property rights and the potential harm to the rule of law if arbitrary demolitions are allowed to persist.
CJI Chandrachud further remarked:
“Justice through bulldozers is unknown to any civilized system of jurisprudence. There is a grave danger that if high-handed and unlawful behavior is permitted by any wing or officer of the state, demolition of citizens’ properties will take place as a selective reprisal for extraneous reasons.”
He underscored that such actions can lead to biased reprisals, where demolitions become a tool to silence or target specific individuals rather than uphold justice.
The Chief Justice highlighted the fundamental security that one’s home provides, cautioning against the misuse of state power in property matters:
“The ultimate security which a human being possesses is to homestead. The law does not undoubtedly condone unlawful occupation of public property and encroachments,” he observed, acknowledging that while illegal encroachments are not supported, due process must always be followed.
In a significant message on accountability, the Supreme Court bench emphasized the responsibility of public officials:
“Public accountability for public officials must be the norm. Officials of the state who carry out or sanction such unlawful action must be proceeded against for disciplinary action and their infractions of law must invite criminal sanctions.”
This final judgment from CJI Chandrachud serves as a notable reminder of the judiciary’s role in safeguarding citizens’ rights against arbitrary state actions.
By holding officials accountable and insisting on fair process, Chandrachud’s judgment seeks to fortify the principles of justice, equity, and accountability as core pillars of governance.
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